A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On July 9, 2018, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s wooden branch on July 9, 2018.

[2] On July 2, 2020, the Defendant driven a D low-speed car while under the influence of alcohol with 0.142% alcohol concentration in blood at a distance of 25 meters inside the parking lot adjacent to B building B at the time of 18:50 on July 2, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions stated in the statement of the circumstances of the driver involved in driving, the inquiry of the results of crackdown on drinking driving: Grounds for sentencing a copy of the inquiry letter, such as criminal history, and a copy of the summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act: In light of the social risk of drinking driving and the purport of the amendment of the Road Traffic Act, which increases the statutory penalty, the circumstances that are favorable to the necessity of strict punishment for drinking driving: The fact that the driving of drinking is recognized by mistake and reflects the fact that there is no record of crime exceeding the fine, and other factors of sentencing as shown in the records and arguments including the defendant's age, sex, behavior, environment, family relationship, circumstances after the crime;